Am I a contractor or an employee?

Discussion in 'Trucker Taxes and Truck Financing' started by reefertank, Mar 14, 2018.

  1. reefertank

    reefertank Light Load Member

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    I fueled up the truck using T-Check numbers issued by him and his broker, under his company name. Driver logs reflect the time on the receipt. I'm currently waiting for Flying J to send me all my receipts. I don't have the receipts because I was required to hand them in along with my driver logs in my trip packets.
     
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  3. double yellow

    double yellow Road Train Member

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    So you didn't pay for the fuel out of your account?

    Was your percentage pay adjusted by fuel?
     
  4. double yellow

    double yellow Road Train Member

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    There's money in it... The IRS just issued me a $52,000 preliminary award for reporting a small fleet back in 2014:
    [​IMG]
     
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  5. reefertank

    reefertank Light Load Member

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    Eastern Oregon
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    That is my concern. If I report him for wrongdoing and he gets fined, it can seriously backfire on him. --- I did not have an account. I went from employee, to contractor with no change in structure. Meaning everything stayed the same, no changes were made on my end. Several weeks later he had me sign something and i was not issued a copy of whatever it was.

    My payroll was him and i sitting in his office, opening up a word doc, and showing me a beak down of where the money is going before writing a check out to me for the remaining balance. I don't know if its true, I don't have any paperwork in my name from the customers or brokers. I am assuming its all under his name. I don't know how the tax laws work.. i work for him, but the source of his income comes from customers/broker. By definition, I'm a helper? It's just a clusterf0ck of confusion. I have no receipts of income, other than paychecks he issued me and the word doc he typed up.. which doesn't really mean anything.
     
    Last edited: Mar 14, 2018
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  6. p608

    p608 Road Train Member

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    How much over 100,00 did you make?
     
  7. reefertank

    reefertank Light Load Member

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    Eastern Oregon
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    I never made over $100,000. I quit before because i got fed up with all the BS. Nothing added up. I asked if i could start an LLC and he was against it. That was a major flag. And then him telling me i had to write his company name on everything. When i had an opportunity to quit, i took it. I chose to quit randomly, I did not have any timeframe agreements with him. I quit as if i were an employee.
     
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  8. p608

    p608 Road Train Member

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    you were an employee
     
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  9. x1Heavy

    x1Heavy Road Train Member

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    If you did report him, he will be investigated with a ten million spot light where it really counts down to the last penny. He wont even know how far the govt will climb into the back of the sofa as it were to dig up and account for the loose change. =)

    And if there IS wrong doing, you are in the jackpot.
     
  10. Ridgeline

    Ridgeline Road Train Member

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    I'm confused.

    OK so you are lease purchasing the truck while acting like a contractor?

    Is that right?

    Let me ask these few questions -

    1 do you have a contract for the work you do, not the truck?

    2 what is the deal with the truck?

    I can tell you a couple things that you won't like, the first is if he is paying for the fuel and there is no deduction from your settlement, then you can't write it off.

    As for your tax "expert", she needs to bone up on what a contractor is, and how these contracts work under the FMCSA regs.

    The IRS may investigate but you better have a tight case for them to do so, I am thinking he can justify a lot more than you can.
     
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  11. reefertank

    reefertank Light Load Member

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    Jan 22, 2015
    Eastern Oregon
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    So, i was driving this truck prior to the transfer to 'contractor'. The truck is owned and operated by him. No lease agreement was made. I was not liable for anything when i decided to quit. I did make a downpayment in his name. He wrote out a quick 5 minute contract for me, stating he will honor transfer of ownership if I paid it off. -- Contract for work, I don't know if we did one or not. --- Yes, I'm not to confident and have doubts as a case can be argued on both sides.

    -- I am paying for the fuel. If he had paid for the fuel, my gross income would be a lot lower than what he reported to the IRS. And if that is the case, I'd be okay with that.

    I can write off 60% of all my expenses, but without the fuel receipts, I can only write off roughly 30%. I only made 1/3 of what was reported. I'm not going to pay his taxes if he's going to take advantage of my deductibles.
     
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